| Semester 1, 2020 Online | |
| Short Description: | Advanced Lawyers' Ethics |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 3 |
| ASCED code : | 090913 - Legal Practice |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: Students enrolled prior to 2016 - LAW5121 or (LAW5605 and LAW5606); All other students - LAW5212 or LAW5705.
Other requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is a core course in the Juris Doctor program. It is approved by the Legal Profession Admissions Board (Qld) as meeting the ethics and professional responsibility area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore includes the various pertinent rules concerning a practitioner’s duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles relating to the holding of money on trust.
Synopsis
The course deals with the various pertinent rules concerning a practitioner's duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles relating to the holding of money on trust. It looks at the nature of legal practice, and involves further study of philosophies of applied ethics in legal practice. It includes skills exercises in letter drafting, and accounting for client money. Topics studied include the regulation of the legal profession; admission and discipline; engagement; billing; and responsibilities in relation to client money; the conduct of litigation and advocacy; competence and careful practice; confidences; and loyalty to clients. It also deals with civility and courtesy in dealings with clients and other lawyers.
Objectives
On successful completion of this course students should be able to demonstrate the following outcomes:
- Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge of ethics and professional responsibility and underlying principles and concepts; and the principles and values of ethical practice in lawyers’ roles (PO1/TLO1).
- Demonstrate an advanced and integrated understanding of approaches to ethical decision-making [explain, apply and evaluate]; an ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise in professional contexts; an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and a developing ability to exercise professional judgment (PO2/TLO2).
- Identify and articulate complex legal issues relating to ethics and professional responsibility; apply legal reasoning and research to generate appropriate jurisdictional and practical responses to those legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching those legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions relating to ethics and professional responsibility, as well as to identify, research, evaluate and synthesise relevant factual, legal, and policy issues relating to ethics and professional responsibility (PO4/TLO4).5. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. |
Professional and personal conduct in respect of a practitioner’s duty: To the law [Admission Rules 11(a)] (regulation and discipline; introduction to the legal profession; moral frameworks). |
30.00 |
| 2. |
Professional and personal conduct in respect of a practitioner’s duty: To the Courts [Admission Rules 11(b)] (litigation and advocacy ethics). |
20.00 |
| 3. |
Professional and personal conduct in respect of a practitioner’s duty: To clients, including a basic knowledge of the principles relating to the holding of money on trust [Admission Rules 11(c)] (competence and care; conflicting loyalties; client money; engagement and fees); and |
40.00 |
| 4. |
Professional and personal conduct in respect of a practitioner’s duty: To fellow practitioners [Admission Rules 11(d)] (relations with other lawyers). |
10.00 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=01&subject1=LAW5312)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Reference materials
Student workload expectations
| Activity | Hours |
|---|---|
| Assessments | 80.00 |
| Directed ¾«¶«´«Ã½app | 39.00 |
| Private ¾«¶«´«Ã½app | 46.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| LETTER-WRITING EXERCISE | 10 | 10 | 30 Mar 2020 | |
| ESSAY | 50 | 50 | 04 May 2020 | |
| ONLINE EXAM | 40 | 40 | End S1 | (see note 1) |
Notes
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via ¾«¶«´«Ã½appDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
Due to COVID-19 the requirements for S1 2020 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S1, 2020:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
Due to COVID-19 the requirements for S1 2020 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S1, 2020:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course. Method used to combine assessment results to attain final grade: The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
Due to COVID-19 the requirements for S1 2020 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination
Requirements after S1, 2020:
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination. -
Examination period when Deferred/Supplementary examinations will be held:
Due to COVID-19 the requirements for S1 2020 are: The details regarding deferred/supplementary examinations will be communicated at a later date
Requirements after S1, 2020:
Any Deferred or Supplementary examinations for this course will be held during the next examination period. -
¾«¶«´«Ã½app Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene ¾«¶«´«Ã½app policies and practices. These policies can be found at .
Assessment notes
-
Referencing in assignments:
Students studying this course as part of the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the AGLC style in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The AGPS style to be used is defined by the USQ Library's referencing guide at .